Aligning the theory of science with empirical sciences risks excluding legal science as a discipline. In light of doubts raised by postmodern contemporary philosophy regarding the existence of the self and a reliable relationship between language and reality, only the scientific criteria of structural sciences remain. According to Spencer-Brown, everything is structured in the form of distinctions and builds upon an initial distinction. The judge must establish their rules through distinctions; otherwise, there are no rules. General theories of science with mandatory criteria, such as deduction, complete induction, and self-reference, must be distinguished from specific theories of science with non-mandatory references, such as abduction, viability, aesthetics, and acceptance. It is not a disadvantage if theories in legal science are not empirically testable.